Social Justice and Student Restraint/Seclusion
by Anahí Salazar
Policy Coordinator, Voices for Children in Nebraska
Every child in Nebraska deserves an education and educational space that is welcoming and SAFE. Social justice is the fair treatment and equitable status of all individuals within a society. Students deserve safe and fair treatment when they walk into schools. Schools are a place for learning and growing, not for punitive treatment and hostile environments. As a former teacher, all I wanted was for my students to feel like they belonged, that we could work together to make every space a learning and restorative environment. But introducing legislation that requires students to submit to physical intervention or be taken out of classrooms for undetermined amounts of time, is not best practice.
LB 811, or what is referred to as the physical intervention or restraint bill, disproportionately gives more power to the adults in a school setting. And it goes against student having rights. When students are being physically restrained, they do not have a say in what is occurring; instead a physical intervention occurs when the adult in the room determines the need for it to occur. There is no consent on behalf of the student. What makes LB 811 so dangerous is not only the permissive language for adults, but also the autonomy for every adult in the school to be able to physically intervene with no consequences for them if a student gets injured. Not every adult reacts to scenarios the same way and what might seem reasonable grounds to physically intervene to one adult may be absolutely unreasonable to another.
Physical restraint and seclusion not only tells students that they could be in harm’s way when they go to school, it also impacts other students who will witness acts of physical intervention on their peers. They can see nonconsensual attacks on bodies. They may see that some adults are not worth trusting. They may not feel safe either, noting that if someone physically intervenes, then what keeps that adult from physically intervening with them.
One of the wonderful things about schools is its makeup of diverse students. Different students have different needs. Based on Individual Education Plans (IEP), students may need different safety interventions. This can only be done equitably by making it specific to every individual student’s need, which is what an IEP is supposed to do. An IEP is created by a team of educators including special education teachers, administrators, and other school personnel that interact daily with the student and most importantly the caregiver. By creating an IEP together, the caregiver and everyone at school knows what the student needs to be successful and safe.
Currently, most incidents go without reporting. Parents have testified before the legislature in person and in writing that they were not told by the school that physical intervention or seclusion were used on their children but rather their children displayed behaviors that exemplified fear of school and school personnel. Small children and children with disabilities are disproportionately affected by practices like physical intervention and seclusion because they are the most vulnerable population. It can be difficult for young students or students with disabilities, especially nonverbal students, to communicate to caregivers what is really occurring at school.
It is also worth noting that many teachers do not want to be placed in the situation where they are asked to physically restrain a child. Not only will this interrupt teaching and learning in the moment, it has the potential to damage future classroom dynamics. Students will not feel safe learning from a teacher who has had to restrain a classmate, nor will teachers want to continue working in environments where their teaching skills are interrupted to physically restrain a child. With our nation losing teachers at such rapid rates, we do not need to do anything that will further jeopardize recruiting and retaining quality teachers.
Practices like physical intervention and seclusion only further the threat to student health and safety, especially for students with disabilities, students of color and the youngest of students. Lifelong trauma is experienced for EVERY child who witnesses or is the one being restrained. This goes beyond policing student bodies to harming children physically and psychologically. Social justice promotes the dignity of all people. Schools should be striving to make their spaces more accessible, inclusive and safe by having more counselors and mental health practitioners in the building and funding schools properly. As a society we can make schools more safe by respecting students, teachers and all school personnel. Every child in Nebraska should feel safe, welcomed and respected.
Policy Coordinator, Voices for Children in Nebraska
Every child in Nebraska deserves an education and educational space that is welcoming and SAFE. Social justice is the fair treatment and equitable status of all individuals within a society. Students deserve safe and fair treatment when they walk into schools. Schools are a place for learning and growing, not for punitive treatment and hostile environments. As a former teacher, all I wanted was for my students to feel like they belonged, that we could work together to make every space a learning and restorative environment. But introducing legislation that requires students to submit to physical intervention or be taken out of classrooms for undetermined amounts of time, is not best practice.
LB 811, or what is referred to as the physical intervention or restraint bill, disproportionately gives more power to the adults in a school setting. And it goes against student having rights. When students are being physically restrained, they do not have a say in what is occurring; instead a physical intervention occurs when the adult in the room determines the need for it to occur. There is no consent on behalf of the student. What makes LB 811 so dangerous is not only the permissive language for adults, but also the autonomy for every adult in the school to be able to physically intervene with no consequences for them if a student gets injured. Not every adult reacts to scenarios the same way and what might seem reasonable grounds to physically intervene to one adult may be absolutely unreasonable to another.
Physical restraint and seclusion not only tells students that they could be in harm’s way when they go to school, it also impacts other students who will witness acts of physical intervention on their peers. They can see nonconsensual attacks on bodies. They may see that some adults are not worth trusting. They may not feel safe either, noting that if someone physically intervenes, then what keeps that adult from physically intervening with them.
One of the wonderful things about schools is its makeup of diverse students. Different students have different needs. Based on Individual Education Plans (IEP), students may need different safety interventions. This can only be done equitably by making it specific to every individual student’s need, which is what an IEP is supposed to do. An IEP is created by a team of educators including special education teachers, administrators, and other school personnel that interact daily with the student and most importantly the caregiver. By creating an IEP together, the caregiver and everyone at school knows what the student needs to be successful and safe.
Currently, most incidents go without reporting. Parents have testified before the legislature in person and in writing that they were not told by the school that physical intervention or seclusion were used on their children but rather their children displayed behaviors that exemplified fear of school and school personnel. Small children and children with disabilities are disproportionately affected by practices like physical intervention and seclusion because they are the most vulnerable population. It can be difficult for young students or students with disabilities, especially nonverbal students, to communicate to caregivers what is really occurring at school.
It is also worth noting that many teachers do not want to be placed in the situation where they are asked to physically restrain a child. Not only will this interrupt teaching and learning in the moment, it has the potential to damage future classroom dynamics. Students will not feel safe learning from a teacher who has had to restrain a classmate, nor will teachers want to continue working in environments where their teaching skills are interrupted to physically restrain a child. With our nation losing teachers at such rapid rates, we do not need to do anything that will further jeopardize recruiting and retaining quality teachers.
Practices like physical intervention and seclusion only further the threat to student health and safety, especially for students with disabilities, students of color and the youngest of students. Lifelong trauma is experienced for EVERY child who witnesses or is the one being restrained. This goes beyond policing student bodies to harming children physically and psychologically. Social justice promotes the dignity of all people. Schools should be striving to make their spaces more accessible, inclusive and safe by having more counselors and mental health practitioners in the building and funding schools properly. As a society we can make schools more safe by respecting students, teachers and all school personnel. Every child in Nebraska should feel safe, welcomed and respected.
